JUNES
v.
STATE
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A motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) is not subject to the time restrictions that apply to postconviction relief motions under Rule 3.850.
[1] A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) is distinguishable from a postconviction relief motion under Rule 3.850 and is n…
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Join FLexlaw to unlock all legal intelligenceManuel Junes appealed a trial court order that treated his motion to correct an illegal sentence filed under Rule 3.800(a) as a motion for postconvict…
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ROTHENBERG, C.J.
Manuel A. Junes (“the defendant”) appeals the trial court’s order treating his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a) as a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 and denying the motion as untimely filed. Because we conclude that the defendant’s motion was properly filed under rule 3.800(a), it was not time-barred. We, therefore, reverse the order on appeal for consideration on the merits under rule 3.800(a).1 Reversed and remanded.